R. K. ABICHANDANI, J. ( 1 ) IN this application, the applicant had prayed for temporary bail on the ground that his brother was killed in the Court premises at dhrangadhra and that his funeral rites were to be performed. ( 2 ) ON 25-6-1998, we issued Rule in this matter returnable on 30-6-1998, with a direction to the respondent-State to place on record all the particulars of the incident that was said to have taken place, since the murder in the Court premises was a grave issue. Therefore, since the particulars were not placed on record, we made an order on 14-7-1998, again directing the respondent-State to place on record all the particulars of the incident in which the said person was killed in the Court compound with a knife. In that order, we recorded that earlier on 25-6-1998, we had asked the learned Additional Public Prosecutor to gather information and place it on record as to how many such incidents of murder had taken place in the past in the Courts or the Court compounds in the State. The learned Additional Public prosecutor had, at that time, submitted that he would get the information from the state Government and place it on record and that no written directions were required to be issued at that stage. However, on 14-7-1998 the learned Additional Public prosecutor, stated that he had information to the effect that in last one and half years, three such incidents had occurred in the Court rooms or the Court compounds at Surendranagar, Amreli and Bhavnagar. He placed on record this information. In the incident that occurred on 16-9-1997 at Bhavnagar, the person was killed in the court room itself. ( 3 ) IN the affidavit filed in this matter by the Police Inspector on 9-7-1998,-the following facts which are narrated would show the brazenly manner in which this gruesome murder took place in the Court premises when the deceased was taken for producing him before the Magistrate :-"while stepping down the stairs and seeing Manu Manga, Anil Dana first gave a slap to the deceased Manu Manga and then took out knife. The Head Constable tried to intervene, but both accused tried to assault Head Constable. During that time manu Manga ran away climbing stairs in the lobby which goes towards Court premises. The accused chased deceased Manu Manga.
The Head Constable tried to intervene, but both accused tried to assault Head Constable. During that time manu Manga ran away climbing stairs in the lobby which goes towards Court premises. The accused chased deceased Manu Manga. The deceased Manu Manga ran towards open ground stepping down the stairs from the Court premises. Head constable, therefore, immediately telephoned the Dhrangadhra City Police Station for Police force. By the time three other accused who were in the open ground caught hold of the deceased Manu Manga, and, Anil Dana-as well as Vinod Dana both started giving knife blows to the deceased Manu Manga. From there also deceased Manu manga managed to escape and went towards lobby of the Court premises. As the people gathered there and Court duty Constable who was posted at premises came out of the premises, on seeing them all five accused ran away. I say that there are three Courts housed in the said premises and all the three Courts have one Court duty Constable posted there. I say that from 30-6-1998, one Armed Police Constable is posted on permanent basis at the Court premises so as to avoid such events. " ( 4 ) WE, therefore, in our order dated 14-7-1998, directed the State Government to let this Court know as to what action the State Government had taken to ensure that such incidents do not occur in the Courts or Court compounds ever since the first such incident occurred in the State after its formation. We made it clear that we were concerned, as a High Court of the State, about the safety and security of all those who attended the Court in its functioning. This Court enquired as to whether the matter was ever considered at the highest level in the Ministry and if so, what was the action taken. Three murders in a span of one and a half years in Court rooms/court compounds were a very alarming fact and if the trend persisted, innocent people would fear entering the precincts of the Court and would keep away from the process of getting justice. ( 5 ) PURSUANT to our earlier directions issued on 14-7-1998, the State Government has now come out with a concrete result, which we very much appreciate. The learned public Prosecutor Mr. Prashant G. Desai appearing for the State Government, as stated by him.
( 5 ) PURSUANT to our earlier directions issued on 14-7-1998, the State Government has now come out with a concrete result, which we very much appreciate. The learned public Prosecutor Mr. Prashant G. Desai appearing for the State Government, as stated by him. had brought to the notice of the Honble the Chief Minister and honble the Law Minister, the seriousness of the problem and our earlier order. He candidly submitted that earlier the fact that murders took place in the Court premises was not brought to the notice of the highest authority and that now when it was brought to their notice it has been decided by the Government that the Government shall provide the necessary police force for security of all the Courts in the State as may be requisitioned by the Honble High Court. He has further stated that the government has, pending implementation of this decision, already issued a circular letter dated 11-8-1998 to all the Police Commissioners and District Superintendents of Police in the State directing them that in the meantime necessary security arrangements should be made in the District and Taluka Courts. A copy of that circular letter is placed on the record of this application. The learned Public prosecutor has also further stated that for the purpose of implementing the decision that the Government has taken, the Government has written a letter on 11-8-1998 to the Registry of this Court, calling for the requisition for security arrangements in all the Courts in the State. Though the decision has come late, it is welcome in the present situation and the possibility of crime being committed in the Court premises. It is very essential that a sense of security must prevail in the Court premises all over the State and amongst all the functionaries of the system as also the lawyers and litigants who visit Courts in the quest of justice. Maintenance of public order is the predominant duty of the State. Public order is synonymous with public peace, safety and tranquility. Violence in Court premises clearly endangers public order. People should feel secure to approach the Courts without fear of being maimed or killed. The functionaries of the Courts and others entering Court premises should not be exposed to lurking violence or physical harm.
Public order is synonymous with public peace, safety and tranquility. Violence in Court premises clearly endangers public order. People should feel secure to approach the Courts without fear of being maimed or killed. The functionaries of the Courts and others entering Court premises should not be exposed to lurking violence or physical harm. The lawyers, litigants, witnesses and other public should not be left with a feeling that they enter some danger zone of criminal activity when they come to the temples of justice. ( 6 ) IN view of the statement which has been made on behalf of the State government, we issue the following directions :- 1. The State Government shall provide the necessary Police force for security of all the Courts in the State as may be requisitioned by the High Court. The necessary action for allotting the same as per the requisition will be taken by the state Government expeditiously, preferably within one month from the date on which the requisition is received; 2. The State Government will ensure that the directions which it has issued under the circular dated 11-8-1998 for immediate interim security arrangement, to the Police Officer in respect of providing adequate security to the Courts is implemented. Rule is made absolute accordingly. .